Gender Non-Conformists under Title VII: A Confusing Jurisprudence in Need of a Legislative Remedy
![handle is hein.journals/grggenl3 and id is 879 raw text is: NOTES
GENDER NON-CONFORMISTS UNDER TITLE VII:
A CONFUSING JURISPRUDENCE IN NEED OF A
LEGISLATIVE REMEDY
NICOLE ANZUONI*
INTRODUCTION
[Dwayne] Simonton was employed as a postal worker in Farmingdale,
New York for approximately twelve years. He repeatedly received
satisfactory to excellent performance evaluations. He was, however,
subjected to an abusive and hostile work environment by reason of his
sexual orientation. The abuse he allegedly endured was so severe that
he ultimately suffered a heart attack.
For the sake of decency and judicial propriety, we hesitate before
reciting in detail the incidents of Simonton's abuse. Nevertheless, we
think it is important both to acknowledge the appalling persecution
Simonton allegedly endured and to identify the precise nature of the
abuse so as to distinguish this case from future cases as they arise. We
therefore relate some, but not all, of the alleged harassment that forms
the basis for this suit.
Simonton's sexual orientation was known to his co-workers who
repeatedly assaulted him with such comments as go fuck yourself,
fag, suck my dick, and so you like it up the ass? Notes were
placed on the wall in the employees' bathroom with Simonton's name
and the names of celebrities who had died of AIDS. Pornographic
photographs were taped to his work area, male dolls were placed in his
vehicle, and copies of Playgirl magazine were sent to his home.
Pictures of an erect penis were posted in his work places, as were
posters stating that Simonton suffered from mental illness as a result of
bung hole disorder. There were repeated statements that Simonton
was a fucking faggot.
There can be no doubt that the conduct allegedly engaged in by
Simonton's co-workers is morally reprehensible whenever and in
whatever context it occurs, particularly in the modern workplace.
Nevertheless,. . . [t]he law is well settled in this circuit and in all others
* Harvard-Radcliffe Universities, A.B., cum laude, 1995, Georgetown University Law Center, J.D.,
2001. Many thanks to my family for their constant support, to my friends at GenderPAC Riki Wilchins,
Gina Reiss and Amanda Cannon for allowing me the pleasure of viewing their important work firsthand,
to Professors Chai Feldblum and Robin West for their encouragement and assistance in writing this note,
as well as throughout my law school career, and, most especially, thank you to Adrianna Alty for always
making me think.](ViewImageLocal?handle=hein.journals/grggenl3&div=48&collection=&method=preview&ext=.png&size=3)
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Gender Non-Conformists under Title VII: A Confusing Jurisprudence in Need of a Legislative Remedy
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